Minutes City Council 5 19 08
CITY OF DUBUQUE, IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on May 19, 2008, in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of
discussing such matters which may properly come before the City Council.
Invocation was provided by Mayor Roy D. Buol
PROCLAMATION
Senator Mike Connolly Day (May 19, 2008) was accepted by Senator Mike Connolly.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Braig. Motion carried 7-0.
Minutes and Reports Submitted: City Council of 5/5/08; Civil Service Commission of
4/10/08; Human Rights Commission of 4/14/08; Park and Recreation Commission of 4/8/08;
Zoning Advisory Commission of 5/7/08; Zoning Board of Adjustment of 4/24/08
Proof of Publication of City Council Proceedings of April 21, 2008
Proof of Publication of List of Claims and Summary of Revenues for Month Ended March
31, 2008
Upon motion the documents were received and filed.
Notice of Claims/Suits: Spring Connolly for vehicle damage; Deneen Milton for property
damage; Cody Stuter for vehicle damage, John White vs. City of Dubuque, and Marion O’Mara
for property damage. Upon motion the documents were received and filed and referred to the
City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Deneen Milton for
property damage, Mary Ransdell for property damage, and Cody Sutter for vehicle damage.
Upon motion the documents were received, filed and concurred.
Request to Vacate: Communication from Kevin and Paula Wade requesting to purchase a
portion of City-owned property adjacent to 2290 Shiras Avenue. Upon motion the documents
were received and filed and referred to the City Manager.
Civil Service Commission: Civil Service Commission submitting certified lists for Traffic
Signal Technician II and Truck Driver. Upon motion the documents were received and filed and
made a Matter of Record.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Dubuque Millworking District will be considered by the State National Register
Nominations Review Committee for nomination to the National Register of Historic Places.
Upon motion the documents were received and filed.
Citizen Communication: Thomas and Cinda Welu submitting correspondence opposing the
removal of trees along the riverfront near the Star Brewery. Upon motion the documents were
received and filed.
YMCA of Dubuque Letter of Support: City Manager submitting a letter of support for the
YMCA of Dubuque’s Pioneering Healthy Communities Grant. Upon motion the documents
were received, filed, and approved.
Urban Deer Management Program: City Manager requesting approval of the City’s 2008-
2009 Urban Deer Management Plan. Upon motion the documents were received, filed and
approved.
Purchase of Property – 2128 Kniest Street: City Manager recommending approval of the
purchase of property located at 2128 Kniest Street as part of the Bee Branch Creek
Restoration Project. Upon motion the documents were received and filed and Resolution No.
161-08 Approving the acquisition of real estate located at 2128 Kniest Street in the City of
Dubuque was adopted.
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Purchase of Property – 320 East 24 Street: City Manager recommending approval of the
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purchase of property located at 320 East 24 Street as part of the Bee Branch Creek
Restoration Project. Upon motion the documents were received and filed and Resolution No.
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162-08 Approving the acquisition of real estate located at 320 East 24 Street as part of the
Bee Branch Creek Restoration Project was adopted.
Acceptance of Deed – Arthur P. Frommelt Estate: City Manager recommending acceptance
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of the deed to property from the Arthur P. Frommelt estate for the 32 Street Detention Basin
Project. Upon motion the documents were received and filed and Resolution No. 163-08
Accepting the deed to certain real estate in Dubuque County, Iowa from the Estate of Arthur P.
Frommelt was adopted.
Dubuque Marina Leases: City Manager recommending assignment of two lease
agreements between Dubuque Marina, Inc. to M&K, Ltd., and between M&K, Ltd., and East
Dubuque Savings Bank. Upon motion the documents were received, filed, and approved.
Terrace Estates Third Addition: City Manager recommending acceptance of the public
improvements on Enstrom Court and Cessna Drive which the developer, Terrace Homes, LLC,
has recently completed in Terrace Estates Third Addition. Upon motion the documents were
received and filed and Resolution No. 164-08 Accepting public improvements in Terrace
Estates Third Addition was adopted.
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Request for Proposals – 18 Street Office Facility Re-Occupancy: City Manager
recommending approval of the issuance of a request for proposals for re-occupancy of the
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former Housing and Community Development Department offices at 18 Street and Central
Avenue. Upon motion the documents were received, filed, and approved.
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Request for Proposals – Bee Branch Historic District Mitigation Plan: City Manager
recommending approval of the issuance of a request for proposals to identify a consultant to
prepare and implement the Bee Branch Historic District Mitigation Plan as required for the Bee
Branch Creek Restoration Project. Upon motion the documents were received, filed, and
approved.
Request for Proposals – Kephart Building Renovation: City Manager recommending
approval of the issuance of a request for proposals for architectural design and construction
administration services for the Kephart Building Improvement Project. Upon motion the
documents were received, filed, and approved.
Request for Proposals – Riverside Marina Project: City Manager recommending approval of
the issuance of a request for proposals for professional consultant services to complete the
preliminary development, environmental review, final design and construction documents for
the Port of Dubuque Riverside Marina Project. Upon motion the documents were received,
filed, and approved.
Warehouse District Master Plan: City Manager recommending approval of acceptance of a
financial assistance award in the amount of $75,000 from the Economic Development
Administration for a Warehouse District Master Plan. Upon motion the documents were
received and filed and Resolution No. 164A-08 Approving a financial assistance award from
the Economic Development Administration (EDA) was adopted.
Legislative Correspondence: City Manager submitting correspondence to Senators Tom
Harkin and Charles Grassley urging opposition to S.2123 Public Safety Employer-Employee
Cooperation Act of 2007. Upon motion the documents were received, filed, and approved.
Iowa Department of Education: City Manager submitting correspondence to the Iowa
Department of Education in support of the Dubuque Community School District’s application to
the State-Wide Voluntary Preschool Program for Four-Year-Old Children. Upon motion the
documents were received and filed.
PEG Capital Grant Expenditure Request: City Manager recommending approval of three
requests for funding from the Capital Grant for Access Equipment and Facilities. Upon motion
the documents were received, filed, and approved.
Transit Board of Trustees: Sara Davidson submitting her resignation from the Transit Board
of Trustees effective with the end of her term July 30, 2008. Upon motion the document was
received and filed and resignation accepted.
Amendment to Real Estate Contract – Kephart Building: City Manager recommending
approval of an amendment to the real estate contract between the Dubuque Community
School District and City of Dubuque for the Kephart Building naming the City of Dubuque as an
additional insured. Upon motion the documents were received, filed, and approved.
Towing Contract Rate Increase: City Manager recommending approval of a request from
Wenzel Towing to increase rates related to the City of Dubuque towing contract. Upon motion
the documents were received, filed, and approved.
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Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 165-08 Granting the issuance of a Class “B” Beer Permit (5 Day Special Event) for
Courtside Sport Bar and Catfish Festival (Sunday Sale); Class “C” Beer Permit for Awn Stop
Mart #2, Lein Oriental American Food Store, Keywest Conoco, Beecher Beverage, Hartig
Drug, Hy-Vee Dodge Street; and Resolution No. 166-08 Granting the issuance of a Class “C”
Beer/Liquor License to Denny’s Lux Club, Kalmes Breaktime Bar, Easy Street, Busted Lift,
Clarke College; Special Class “C” Liquor (5 Day Special Event) License to Dubuque Jaycees;
Hy-Vee Dodge Street, Beecher Beverage, and Hartig Drug were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, set the public hearings as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried
7-0.
2008 Asphalt Paving Program: City Manager recommending initiation of the public bidding
process for the 2008 Asphalt Paving Program and that a public hearing be set for June 2,
2008, to consider approval of the plans and specifications, form of contract and estimated cost.
Upon motion the documents were received and filed and Resolution No. 167-08 Preliminary
approval of plans, specifications, form of contract, and estimated cost, setting date of public
hearing and ordering bids for the 2008 Asphalt Paving Program was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on June 2, 2008, in the Historic Federal
Building.
Vanguard Countertops, Inc., Development Agreement: City Manager recommending that a
public hearing be set for June 2, 2008 to consider approval of a Development Agreement
disposing of land to Maylay Holdings, LLC for an office/manufacturing office complex for
Vanguard Countertops, Inc., Upon motion the documents were received and filed and
Resolution No. 168-08 Intent to dispose of an interest in City of Dubuque real estate and fixing
the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed
issuance of urban renewal tax increment revenue obligations and the execution of a
development agreement relating thereto with Maylay Holdings, LLC and Vanguard
Countertops, Inc., and providing for the publication of notice thereof was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on June 2, 2008, in the Historic Federal
Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions:
Electrical Code Board: Three 3-year expired terms through May 21, 2011 (Terms of Mueller,
Reiss, Pfohl). Applicants: Elaine Reiss, 2222 Roosevelt Street; and Kevin Pfohl, 1878
Hummingbird Drive
Housing Code Appeals Board: Two 3-year, vacant terms through January 11, 2009, and
January 11, 2011 (Terms of Durley and Moore respectively). Applicant: Paul Newman, 2317
Queen Street. Mr. Newman spoke in support of his appointment.
Appointments to the following Boards/Commissions:
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Human Rights Commission: One 3-year vacant term through January 1, 2010 (Term of
Coan). Applicants: Jim Allan, 850 Hawkeye Drive; and Char Eddy, 565 Sunset Ridge. Upon
roll call vote of 6-1, Char Eddy was appointed to a 3-year vacant term through January 1,
2010.
TV Cable Regulatory Commission: One 3-year vacant term through June 30, 2010 (Term of
Pratt). Applicant: Andy Bellings, 2995 Fox Hollow Road. Motion by Connors to appoint Andy
Bellings to a 3-year vacant term through June 30, 2010. Second by Voetberg. Motion carried
7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone to address the City Council.
Request To Rezone – Property South of Old Highway Road and West of Railroad Line:
Proof of publication on notice of hearing to consider a request from Toby Kress, Kress
Industrial Facility, to rezone property south of Old Highway Road from County R-1 Residential
District to City AG Agricultural District and LI Light Industrial District, concurrent with
annexation, and Zoning Advisory Commission recommending denial. Motion by Connors to
receive and file and consider first reading of a proposed ordinance Amending Appendix A (The
Zoning Ordinance) of the City of Dubuque Code of Ordinances, by reclassifying hereinafter
described property located south of Old Highway Road from County R-1 Residential District to
City AG Agricultural District and LI Light Industrial District, concurrent with annexation.
Seconded by Braig. Motion carried 6-1 with Resnick voting nay.
Realtor Greg Adams, 15709 Sandwedge Court, representing developer Toby Kress, spoke
in support of the rezoning request stating that it was the best use of the land. Mr Adams
provided handouts indicating the adjacent properties and describing what would be done in
terms of buffering visibility, storm water detention, and traffic. He stated that the developers
had not approached the railroad about a spur. Mr. Adams believed there was a need for light
industrial business within the city. Upon questioning, Mr. Adams stated that only 2 property
owners had expressed opposition and all the adjoining property owners approved of the
rezoning.
Zoning Advisory Commission Vice Chairperson Jeff Stiles provided a timeline of the
request.
Beverly Metcalf, 15693 McClain Lane; Gary Johnson, 12098 Cottingham Road; William
Chesterman, 12085 Cottingham Road; Joe Vize, 12055 Cottingham Road; Kyle Kunz, 12756
Brentwood Court and President of the Western Springs sub-development; Diane Brehm,
12458 Cottingham Road all spoke in opposition to the rezoning citing concerns over storm
water retention, land erosion, insufficient landscape buffering, property devaluation, increased
truck traffic and limited access, other suitable land options, groundwater contamination, and
that the development wasn’t consistent with the City’s green initiative.
Ryan Burk, business owner at 2400 Kerper Blvd., spoke in support of the rezoning stating
how difficult it is to find appropriate land in the City due to the Dubuque Industrial Center filling
up, and he believes the old industrial space is unusable.
Toby Kress spoke in support of the rezoning stating that he has had difficulty listing the land
as residential and has spent much time working with the City on complying with all
requirements.
City Council discussed the good quality of the developer, the need to serve the City’s
interest in terms of annexation and growth, concerns over the Dubuque County Board of
Supervisors opposing position, and the obligation of the developer in purchasing land already
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zoned residential. Planning Services Manager Laura Carstens and Zoning Advisory Vice
Commission Chairperson Jeff Stiles provided information on the City’s relationship with
Dubuque County regarding land use mapping and the Comprehensive Plan.
Request to Annex - Property South of Old Highway Road and West of Railroad Line: Proof
of publication on notice of hearing and City Manager recommending approval of the
annexation of property south of Old Highway Road and west of railroad line in conjunction with
rezoning.
Communication from the Planning Services Manager providing information on the Request
for Voluntary Annexation by Toby Kress, Kress Industrial Facility
Motion by Braig to table to June 2, 2008, concurrent with rezoning. Seconded by Voetberg.
Motion carried 7-0.
Groveland Place Sanitary Sewer Reconstruction Project: Proof of publication on notice of
public hearing to consider the plans and specifications, form of contract and estimated cost for
the Groveland Place Sanitary Sewer Reconstruction Project and City Manager recommending
approval. Motion by Connors to receive and filed the documents and adopt Resolution No.
169-08 Approval of plans, specifications, form of contract, and estimated cost for the
Groveland Place Sanitary Sewer Reconstruction Project. Seconded by Jones. Motion carried
7-0.
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Citizen Communication – Pet Licensing: Lee Harlow Andre requesting to address the City
Council regarding pet licensing. Motion by Connors to receive and file the document and refer
to the City Manager. Seconded by Jones. Mr. Andre requested more City property be
accessible for pets and expressed his concerns over the possible closure of the Grandview Pet
Park. Motion carried 7-0.
Citizen Communication – Bluff Top Development: Tom Schreiber and Mark Schrieber
requesting to address the City Council regarding a proposed bluff top development. Motion by
Connors to receive and file the document and refer to the City Manager. Seconded by Jones.
Council discussed the history of the property and the vested rights of the developer. City
Manger Van Milligen informed Council that this project is already a permitted use and will not
come before City Council. City Attorney Lindahl stated that the developer’s percentage of
vested interest in the project could not be determined at this time, which impacts any
discussion of a moratorium.
Tom Schrieber, 416 Raymond Place, and representing his brother and mother as adjacent
property owners, expressed concerns regarding the development, its impact on bluff land
development, the impact on his own expansion, and the risk to the Fourth Street Elevator. He
requested consideration of options including a moratorium on all bluff development,
development on Raymond Place, on the specific project, or on projects that violate regulations
within a conservation district.
Planning Services Manager Laura Carstens informed Council that the City is working very
closely with the developer and requiring special regulations and studies because of the nature
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of the project. Council discussed the options and impact of a bluff land moratorium. Council
concurred that it does not have jurisdiction over this project. Motion carried 7-0.
Eminent Domain Proceedings – 409 Burch Street: City Attorney recommending
commencement of eminent domain proceedings to acquire the property at 409 Burch Street.
Motion by Connors to receive and file the documents and adopt Resolution No. 170-08
Authorizing the commencement of eminent domain proceedings for the acquisition of certain
real property owned by John White at 409 Burch Street in the City of Dubuque, Iowa.
Seconded by Jones. City Attorney Lindahl provided a history of the project and that he had not
to-date received a response from Mr. White or his attorney. John White, 435 Burch Street,
spoke in opposition to the eminent domain proceedings stating that the property is an asset to
the City and that he has been continually working on and improving the property, maintains the
exterior and yard, and addressing neighbors’ concerns. He described the difficulties and delays
he has experienced in obtaining insurance for a burned structure and the time commitment for
authentic historic restoration of the property. Mr. White stated that the only unfinished portions
are for what is covered by the current permit. Motion carried 4-3 with Voetberg, Braig, and
Resnick voting nay.
Individually Designated Historic Property – 40-42 Main – Tabled on 5/17/07: City Manager
recommending that the application for Individual Historic Designation of 40-42 Main Street be
removed from the table and that a public hearing be set for June 2, 2008 for consideration of
the nomination.
Communication from Chris Miller regarding the application for Individually Designated
Historic Property at 40-42 Main.
Motion by Connors to remove from the table. Seconded by Voetberg. Motion carried 7-0.
Motion by Connors to receive and file the documents and set a public hearing for a meeting
to commence at 6:30 p.m. on June 2, 2008, in the Historic Federal Building. Seconded by
Braig. Motion carried 7-0.
Pebble Cove Subdivision: City Manager recommending approval of the final plat for Pebble
Cove Subdivision located west of John F. Kennedy Road and south of the Northwest Arterial.
Motion by Lynch to receive and file the documents and adopt Resolution No. 171-08 Approving
the final plat for Pebble Cove Subdivision. Seconded by Jones. Motion carried 7-0.
Pebble Cove Subdivision #2: City Manager recommending approval of the final plat of
Pebble Cove Subdivision #2 located west of John F. Kennedy Road and south of the
Northwest Arterial. Motion by Connors to receive and file the documents and adopt Resolution
No. 172-08 Approving the final plat of Pebble Cove Subdivision #2. Seconded by Jones.
Motion carried 7-0.
Rush Street Reconstruction Project: City Manager recommending denial of the exemption
request from Dan and Mille Boge for having a sidewalk installed along their property at 333
Villa Street. Motion by Connors to receive and file the documents and deny the exemption
request. Seconded by Lynch. Motion carried 7-0.
Historic Preservation Revolving Loan Fund – Private Retaining Walls: City Manager
recommending approval of extending eligibility for the Historic Preservation Revolving Loan
Fund to include the repair and reconstruction of private retaining walls that are an integral,
structural part of a property. Motion by Connors to receive and file the documents and approve.
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Seconded by Voetberg. Motion carried 7-0.
Chavenelle Court Construction Project: City Manager recommending that all bid proposals
received for the Chavenelle Court Construction Project be rejected and the project re-bid.
Motion by Jones to receive and file the documents and adopt Resolution No. 173-08 Rejecting
the contract bid proposals for the Dubuque Industrial Center West – Chavenelle Court 2008
Project and ordering that the project be re-bid. Seconded by Connors. Motion carried 7-0.
Snow Route Parking Restriction System: City Manager recommending revisions to
Dubuque’s snow route parking restriction system as stipulated in Section 32-321.682 of the
Code of Ordinances.
Communication from Kristopher Miller expressing his concerns over snow removal.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Connors. Jones stated that
the ordinance is simpler to understand and will provide for a safer city. Voetberg stated that he
believed this requires citizens to move their cars for the convenience of City workers, and the
policy limits half of the parking for four months of the year. Connors stated that she believed
that the hours were confusing, the language unconfirmed, and questioned what will happen
when parking runs out on the designated side of the street. Braig stated that the ordinance will
be difficult for students in the college areas. Public Works Director Don Vogt stated that the
ordinance models that of snow-belt cities such as Madison, LaCrosse, and Janesville,
Wisconsin; copies the current downtown snow removal pattern and affects only 10 percent of
the City’s centerline mileage. Responding to Council’s questions, Vogt said that business
areas such as upper University will be signed for plowing at night and residential areas will be
plowed during the day when the majority of citizens are at work. Motion failed 4-3 with
Voetberg, Lynch, and Resnick voting nay.
Motion by Jones to consider the first reading of an ordinance amending City of Dubuque
Code of Ordinances Section 32-321.682 Snow Route, Restricted Parking. Seconded by
Connors. Motion carried 5-2 with Voetberg and Lynch voting nay.
Amendments to Housing Code and Fee Schedule: City Manager recommending approval of
an ordinance amending City of Dubuque Code of Ordinances, Chapter 26, Housing
Regulations authorizing a fee be charged for an owner’s failure to be present at a scheduled
inspection and a proposed fee for rental unit re-inspections. Motion by Connors to receive and
file the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be passed
be suspended. Seconded by Voetberg. Lynch questioned if this was often a problem. Housing
Inspector Bob Boge stated that 40 percent of general housing inspections and five percent of
Section 8 are no-shows despite sending letters or calls to reschedule. Van Milligen stated that
an additional housing inspector position was added through the budget process to assist with
inspections and the fee schedule would provide incentive for inspections. Lynch questioned if
the Landlords’ Association had a position on the issue and if the Housing Department had
scheduling fall backs since this measure could be seen as punitive. Resnick questioned if
inspections were being scheduled at predictable times. Connors, Jones, and Braig supported
the measure citing the waste of gas and the inspector’s time as well as the voluntary aspect on
the part of the landlord. Motion carried 6-1 with Lynch voting nay.
Motion by Connors to consider final reading of Ordinance No. 32-08 Amending the Code of
Ordinances, City of Dubuque, Iowa, Chapter 26, Housing Regulations, by repealing Section
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26-7(b)(2) relating to inspection requirements for all licensed dwellings and adopting in lieu
thereof a new subsection (2) relating to inspection requirements for licensed dwellings.
Seconded by Braig. Motion carried 5-2 with Lynch and Resnick voting nay.
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Award of Contract – West 32 Street Detention Basin: City Manager recommending award
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of the public improvement contract for the West 32 Street Detention Basin Project to
Tschiggfrie Excavating and requesting City Council direction on the style of fencing to be used.
Motion by Jones to receive and file the documents, select the chain link option and adopt
Resolution No. 174-08 Awarding contract to Tschiggfrie Excavating Company. Motion carried
7-0.
Biosolids Treatment: City Manager recommending that a public hearing be set for July 7,
2008 to consider approval of a facility planning process and schedule for biosolids treatment at
the Water Pollution Control Plant.
Correspondence from Gerhardt Van Drie regarding sludge handling.
Motion by Jones to receive and file the documents, select the anaerobic digestion (land
application) option and set a public hearing for a meeting to commence at 6:30 p.m. on July 7,
2008, in the Historic Federal Building. Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Voetberg reported on inquiries from Dubuque citizens and letters from Dubuque’s Sister
City, Handon, China, since the recent earthquakes in China. He read a statement issued by
Governor Culver’s office noting relief efforts and the Governor’s pending visit.
Connors thanked all persons involved in the recent All the Way Home veteran’s event and
noted the quality and emotional impact of the event.
CLOSED SESSION
Motion by Jones at 10:46 p.m. to reconvene in closed session pending litigation and
property acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Voetberg. Motion
carried 7-0
Motion by Braig at 11:10 p.m.to convene in open session stating that staff had been given
proper direction. Seconded by Lynch. Motion carried 7-0
There being no further business, upon motion the City Council adjourned at 11:11 p.m.
/s/Kevin S. Firnstahl
Assistant City Clerk
1t 5/30
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